Sh. Kahan Chand vs State of Himachal Pradesh, The Director elementary Education, H.P. Shimla and The Deputy Director Elementary Education Chamba, District Chamba, H.P.

Justice Kurian Joseph, C.J.—The writ petition is filed with the following prayer:-

i) That the respondents may very kindly be directed to grant revised pay scale of Rs. 4550-7220/- as revised w.e.f. 1.1.1996 and further revision of Pay Scale of Rs. 5910-20200 w.e.f. 1.1.2006 to the petitioner w.e.f. March, 1997 to till date and arrears accrued there under be paid with interest @ 9 p.a. in the interest of justice.

ii) That the petitioner may also be kindly held entitled for the benefit of merger of 50% D.A. to basic pay + 11% D.A. w.e.f. 30.4.2004 and further revision there of from time to time till the regularization of his services, with all consequential benefits and arrears accrued on this count be paid with interest.

So far as the issue regarding grant of regular/revised pay scale to the petitioner is concerned, the same be considered after the decision rendered by this Court in LPA No. 105 of 2010 within another two months.

As far as the issue regarding merger of 50% D.A. is concerned, according to the petitioner, the issue is covered in his favour by the judgment of this Court rendered in CWP (T) No. 14232 of 2008, titled as Nek Ram & others Versus State of H.P. & others, decided on 17.11.2009. If that be so, similar treatment shall also be extended to the petitioner herein also, as extended to the petitioner in the above referred decision, in case the petitioner is also similarly situated, within a period of three months from the date of production of a copy of this judgment along with a copy of the writ petition and copy of judgment referred to above, by the petitioner before the second respondent. The writ petition is disposed of, so also the pending application(s), if any.